Note: In the following document, PROBABLE CAUSE band will be called 'the artist'.

1. Introduction

• 1.1 This booking contract is made between the Client and the Artist.

2. Confirming the booking

• 2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing ("Confirmation").
• 2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.

3. Changes to contract

• 3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Artist).
• 3.2 All changes to the Contract must be arranged and agreed by the Client and by the Artist in advance of the Event Date.

4. Payment of fees

• 4.1 The Total Cost and reasonable expenses (including but not being limited to the Artist's reasonable travel time and cost). The Agent shall provide a break down of the Total Cost within 14 days of request from the Client, setting out the actual fee payable for the performance ("Fee"), taxes, fees payable for travel, travel expenses and other expenses.
• 4.2 The agreed Deposit is due strictly within 5 working days of invoice. Deposits can be paid by cash or check (details for payment are set out in the invoice). The Deposit is non-refundable.
• 4.3 Unless otherwise agreed by the Artist in writing on the Entertainment Booking Form, the Balance is payable to the Artist either in cash or by check on the day of the event.
• 4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).

5. Cancellations by the Client

• 5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 18) provided that the Client informs the Artist as soon as reasonably practicable on becoming aware of the Force Majeure Event
• 5.2 If the Client does not cancel a Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee in addition to loss of the Deposit, calculated as follows:
  • less than 48 hours after Confirmation and more than 7 days before Event: nil
  • up to 45 days before Event: 50% of Balance
  • up to 30 days before Event: 75% of Balance
  • 15 days before Event: 100% of Balance
• 5.3 Where the Artist has secured an alternative booking the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.
• 5.4 All cancellation fees shall be paid to the Artist within 7 days of receipt of clear funds.
• 5.5 Any payment outstanding from the Client will be referred to the Artist's choice of debt recovery company and will be subject to a surcharge of 15% to cover administration fees and costs incurred. Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
• 5.6 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.

6. Cancellation by the Artist

• 6.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
• 6.2 The Artist shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event. The Artist agrees to refund the Client the Deposit plus any other fees already paid in advance within 5 business days.
• 6.3 The Artist shall be liable to pay to the Client the difference between the original Total Cost under this contract and the new fees charged by any replacement artist arranged for the Client by the Artist up to a maximum higher price difference of 10% of the Total Cost. The Artist shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Artist at the date of the Contract.
• 6.4 No refund shall be given to the Client against the Deposit already paid, and no administration charge will be made to the Artist, if a replacement artist of similar value can be arranged by the Artist and agreed by the Client. However, should a replacement artist charge a lower fee, the Client will be refunded an amount of the Deposit pro rata to the difference in fees and the replacement artist will be due their usual fee.
• 6.5 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.

7. Late payment of deposit

• 7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract by the Client and clause 5 shall apply

8. Late payment of the balance

• 8.1 ailure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.
• 8.2 The Artist reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
• 8.3 Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Artist's recovery company and will be subject to a surcharge of 15% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.

9. Complaints

• 9.1 If through its own fault the Artist is unable to fulfill part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Artist no more than 7 days after the Event Date. Full payment must still be made to the Artist as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Artist within the terms of this Contract will incur charges outlined in clause 8 above.
• 9.2 Once a written complaint has been made by the Client, the Artist will review the complaint and provide a written statement detailing their version of events. The Client and the Artist will work together in order to come to an amicable agreement over any refund or expense which may be due. If they cannot settle the dispute to the mutual satisfaction of both the Client and Artist, both parties shall be entitled to take further legal advice and pursue any other course of action.
• 9.3 Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist, shall be dealt with between the Client and the Artist directly and try to settle any disputes by an amicable agreement before any legal action is taken.

10. Changes on the Event Date

• 10.1 Changes to the contract schedule which are unavoidable on the Event Date should be discussed and agreed between the Client and the Artist prior to the performance.

11.Delayed event schedules and late finish fees

• 11.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artist's fee.
• 11.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall become due as a late finish fee.
• 11.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.

12. Delayed event schedules and late finish fees

• 12.1 If the Event schedule is changed on the Event Date and the Artist is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by the Artist on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Artist in cash or by cheque on the Event Date shall become due as an extended performance fee.
• 12.2 The Artist has the right to refuse to extend their performance times without penalty.

13. Re-engagement of the Artist

• 13.1 The Client agrees to negotiate all future bookings of the Artist with the Agent and not with the Artist directly, for the period covering the issue date of this Contract until 18 months after the Event Date on this contract
• 13.2 The Client agrees that the Artist will hand out business cards and/or promotional materials with the Band's telephone number or any other contact details to the Client, their guests, staff, venue or contractors for possible future events.
• 13.3 If the Artist is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Client is not entitled to any discounts for the current event.

14. Expenses

• 14.1 If this Contract includes a schedule containing the Artist's requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.
• 14.2 If the Client has agrees to cover additional expenses incurred by the Artist (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Artist must provide receipts and an invoice to the Client within 30 days after the Event Date.
• 14.3 The Client shall reimburse all expenses to the Artist within 15 days of receipt of the invoice.

15. Sound limiters & volume

• 15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.
• 15.2 The Artist cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
• 15.3 The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.

16. Artist equipment

• 16.1 It is agreed by the Client and the Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist.

17. Use of alternative/deputy performers

• 17.1 This clause covers any person or persons who stand in for one or more of the Artist's standard group of performers should they be unable.
• 17.2 The Artist will perform using their standard group of performers as advertised to the Client unless otherwise agreed by the Client in advance, or it is necessary due to a Force Majeure Event. The Artist agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Artist's repertoire, and represent the Artist to the same high standard that is expected by the Client.
• 17.3 The Artist agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Artist shall use the services of the deputy performer rather than cancel the booking.
• 17.4 The Artist shall use reasonable endeavours to provide a recording of a performance by the deputy to the Client.
• 17.5 If the Client is not happy with the deputy performer it has the right to cancel the booking without penalty and the Artist shall be considered as having cancelled the Contract and clause 6 shall apply.
• 17.6 There will be no reduction in the Artist's fee if a deputy performer is used.
• 17.7 Nothing in this clause shall prevent the Artist from using alternative performers where the Artist has advertised that alternatives may be used or that it does not use a fixed line up.

18. Force Majeure Event

• 18.1 A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.

19. Rights of Third Parties

• 19.1 No other person who is not party to this Contract may enforce its terms by virtue of that Act.

20. General

• 20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

Contact us today to Book Us for your next event